DevonRegistered Housing Providers

Domestic Abuse Code of Good Practice

Contents

  1. Aims of code
  2. Definition of domestic abuse
  3. Policy on domestic abuse
  4. Confidentiality
  5. Sharing information
  6. Dealing with disclosures
  7. Supporting victims
  8. Supporting staff
  9. Awareness rising
  10. Training
  11. Preventing homelessness
  12. Funding security measures and sanctuary scheme
  13. Dealing with perpetrators
  14. Evaluation
  15. Reviews and monitoring
  16. Participating registered housing providers
  17. Certification

1. Aims of code

The purpose of this code is to ensure that housing professionals take a victim centred consistent approach to domestic violence and abuse. It aims to raise awareness, improve responses and encourage partnership working with specialist agencies. It also sets out standards of good practice for providers across Devon.

2. Definition of domestic abuse(as at August 2014 – review date)

The Home Office defines domestic abuse as:

“'Any incident or pattern of incidents of controlling, coercive or threatening behaviour,violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.”

This can encompass, but is not limited to, the following types of abuse:

  • psychological
  • physical
  • sexual
  • financial
  • emotional.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.” *

* This definition, which is not a legal definition, includes so called 'honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.

Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-laws, common-law or step family.

  • Child on child under 16 within the family (not a domestic abuse incident)
  • Adult on child under 16 within the family (child abuse investigation unit)
  • Adult on adult over 16 within the family (domestic abuse incident)
  • Partner on partner both aged 16 and over (domestic abuse incident).

This code also recognises definitions provided by the following agencies:

  • Devon and Cornwall constabulary
  • Domestic abuse support services

For the purposes of the code of practice, the term domestic abuse refers to all incidents of domestic abuse and violence.

3. Policy on domestic abuse

Each participating housing provider pledges to:

  • Treat domestic abuse seriously
  • Record all incidents of domestic abuse and provide statistical information at a senior management level
  • Adopt a strategic approach in responding to domestic abuse and review this approach annually
  • Develop working relations with specialist agencies and make appropriate representation and contribution to discussions at MARAC and local domestic abuse forums
  • Monitor the amount of referrals made to MARACs
  • Ensure that the response to those affect by abuse provides them with support and protection
  • Make and record referrals to MASH for children experiencing or witnessing domestic abuse
  • Provide a supportive and enabling environment which encourages people to report domestic abuse to the police
  • Take a multi-agency approach in holding perpetrators accountable for their actions and ensure that the full range of civil and criminal remedies are pursued
  • Work co-operatively to enable households experiencing domestic abuse to access a range of housing and support options
  • Be sensitive to the diverse needs of victims and children considering their age, disability, gender, race or ethnicity, religion or belief, sexual orientation and transgender
  • Recognise socio economic factors which may impact on those experiencing domestic abuse, such as low income, low literacy or numeracy skills, rural isolation or caring status
  • Recognise additional barriers to those experiencing domestic abuse who are frightened that reporting will bring unwanted attention to their personal circumstances.

4. Confidentiality

Participating housing providers are committed to maintaining the highest standards of confidentiality in order to ensure the safety and well-being of both victims and staff. Staff will treat information disclosed in the strictest confidence. The following points should be considered:

  • The health, safety and wellbeing of the victim will be paramount in the recording of information
  • Staff must ensure that they act in accordance with their own organisation’s confidentiality policy
  • Staff must not pass on information relating to a victim’s tenancy to a third party, irrespective of their stated relationship with the victim, except where the tenant has given written consent
  • Staff must place a written record of any requests for information about a victim on their file
  • Staff must tell the victim about any requests for information they receive from members of the public at the earliest opportunity
  • Staff must not take messages or accept gifts on behalf of the victim
  • Housing providers would not normally disclose information to other agencies without prior consent from the victim, but will make personal information available when required to do so by a court, where there’s a statutory obligation, or under the Devon and Cornwall police domestic abuse information sharing protocol (see 5 below)
  • Otherwise, no third party can have access to personal information without the consent of the individual. However, sharing information is permissible under certain circumstances. The Public Interest Disclosure Act, Data Protection Act, Crime and Disorder Act support responsible sharing of information in the public interest
  • In exceptional circumstances where the health and safety of an individual is at risk, in particular children, and it is not feasible to obtain the individual’s consent, then information that would normally be considered confidential may be passed on to appropriate agencies.

In cases of domestic abuse it would be reasonable to disclose information if:

  • The victim is considered at risk
  • A vulnerable adult is considered at risk
  • A child is considered at risk
  • A member of staff is considered at risk
  • Information about the perpetrator could reduce risk.

5. Sharing of information

Devon and Cornwall domestic violence and abuse information sharing protocol covers statutory authorities, registered housing providers, voluntary and charitable organisations.

The protocol is concerned with the exchange of personal data and aims to:

  • Identify the level of incidences of domestic abuse within the Devon and Cornwall area
  • Encourage the maximum number of victims of domestic abuse, and repeat victims to be guided by the recording agency into multi agency assistance and support
  • To allow those agencies involved with the victim to have sufficient information to contribute to an effective outcome
  • To allow those agencies involved with the victim to feed back information to the partnership to ensure re-offending is identified and minimised.

Participating housing providers should sign up to the protocol and ensure staff are aware of how to use it.

6.Dealing with disclosures

Housing staff may be a victim’s first and only contact regarding a domestic abuse issue. It is therefore essential that people who experience domestic abuse feel safe and supported in order that they can talk about their experiences. The initial response from front-line staff will be very important and providers need to adopt a clear procedure to ensure that appropriately trained staff know what to do, who to contact, what information and advice to give and who in their organisation is responsible for investigating and reporting.

Staff should:

  • Listen and take the victim seriously
  • Agree a safe, confidential and comfortable environment for victims to discuss their situation
  • Offer the choice of speaking to a woman or a man
  • Be confident to raise the subject of domestic abuse where they suspect abuse is taking place and ask appropriate questions
  • Be aware of the signs of abuse
  • Remember that the safety of the victim and any children is paramount
  • Check where information should be sent and what contact numbers are safe to use

It can add to a victim’s distress if they have to keep repeating the detail of their experience in order to access services. When victims have given written consent, information can be shared with the usual agencies on the person’s behalf to ease access to services.

Referrals to the following agencies should be considered:

  • Specialist domestic abuse services
  • Police – domestic abuse unit
  • MARAC
  • MASH
  • Local housing advice centre
  • Social services
  • Educational welfare
  • Legal services
  • Equality and diversity support groups.

Information provided through MARACs and other sources should be kept securely and electronic exchange should be through secure email.

Care needs to be taken regarding access to this information internally. The housing provider should have their own internal procedures for the storage, transportation and access to information connected to domestic abuse cases.

7. Supporting victims

Victims may be concerned about losing their home, possessions, family support, friends, social networks and employment. They potentially have the upheaval of moving and changing their children’s schools. They may have been financially dependant on the abuser and worried about future income and resources. Being drug and alcohol dependent as a way of coping with the situation could also be a factor

Victims may require information on the legal and service based options available to them. They may find approaching statutory agencies difficult, especially if they have communication difficulties or English is not their first language. The support needs may differ due to their age, disability, gender, race or ethnicity, religion or belief, sexual orientation or transgender. They may also fear reporting will bring unwanted attention to their personal circumstances.

Staff should:

  • Liaise with the appropriate agencies to identify the range of housing solutions available to them
  • Assess whether there is a need for urgent legal sanctions or MARAC/MASH referral
  • Work with the victim to identify their wants and needs
  • Where possible respect the victims wishes and decisions
  • Be sensitive to the individual needs of the victim
  • Encourage the victim to work with agencies to increase their awareness, knowledge, self esteem and confidence
  • Where appropriate, offer continued support and contact with the victim or refer to specialist services
  • Be aware that the abuse may continue after the relationship has ended
  • Be aware that the victim may return to an abusive relationship or choose to remain in it
  • Be aware that victims may have patterns of behaviour and enter into further abusive relationships
  • Be aware that victims may suffer from mental health and substance abuse issues
  • Be aware that victims may have been witnesses of abuse and may not consider that they are victims of abuse.

Domestic abuse always has a negative impact on children. If there are concerns regarding the welfare or safety of children or vulnerable adults, staff should make a MASH referral or discuss the issue with their line manager or designated child protection officer, who should refer to the MASH.

8.Supporting staff

Dealing with a case of domestic abuse or disclosure can have a significant impact on staff. Housing providers should ensure that line management support and counselling services are available to any affected staff.

9. Awareness raising

Housing providers should aim to adopt the following strategies to raise awareness of domestic violence and abuse:

  • Nominate a domestic abuse lead
  • Identify trained staff with specialist knowledge
  • Include information on local services to tenants via residents’ handbooks, newsletters and other formats
  • Make relevant local information available for both staff and service uses
  • Offer information in a variety of formats
  • Invite local domestic abuse services to attend staff briefings
  • Provide briefing to tenants or residents’ panels (where appropriate) to inform them of the impact of domestic abuse.

10. Training

In order to provide a comprehensive approach to the issues of domestic abuse, it’s essential to properly and sensitively train staff, ensuring that they are aware of the key issues and appropriate legislation.

Organisations should seek specialist advice, and train all staff to the appropriate level.

Staff should be made aware of this code at their induction. Specialist multi agency domestic violence and abuse training can been accessed from the Devon safeguarding children’s board and the Devon safeguarding adults’ board. The Torbay safeguarding children’s board, and the Torbay safeguarding adults’ board. The Plymouth safeguarding children’s board and the Plymouth safeguarding adults’ board.

11. Preventing homelessness

Domestic abuse is a significant cause of homelessness. In many cases early intervention can prevent homelessness. Housing providers have a duty under the Housing Act 1996, as amended by the Homelessness Act 2002 to co-operate with Local Authorities in their homelessness functions, and should endeavour to prevent homelessness through whatever means possible.

The Local Authority housing department has a duty to provide advice and information about homelessness and homelessness prevention. However, all housing staff should be aware of the range of options that are available through their own and partner organisations, including:

  • The use of legal remedies to remove the perpetrator from the accommodation
  • The use of injunctions to ensure the perpetrator does not return to the property
  • The use of sanctuary schemes to improve the security of accommodation and help the victim feel safe in their home
  • Accessing alternative accommodation via all housing options available at the time.

12. Funding security measures and sanctuary schemes

Housing providers should have a facility to provide emergency lock changes and other security measures within a 24-hour time frame where appropriate to do so. Costs should not be recharged to the victim if there is evidence of domestic abuse or the matter has involved the police.

Sanctuary schemes exist to help victims of domestic abuse feel safe and secure when they choose to remain in their own homes, by improving the security with professionally installed security measures. The scheme is not an immediate response to the problem, but a long-term solution to prevent homelessness and improve a victim’s quality of life.

Housing providers will work in conjunction with partner agencies on a case-by-case basis to ensure that every sanctuary provision is tailored to meet the needs and circumstances of the individuals involved. They should consider carrying out the proposed improvements to security using their own resources or contractors.

Identifying funding for sanctuary schemes, either solely or jointly with other agencies is part of the housing provider’s responsibility.

The Devon sanctuary scheme protocol 2013 has been produced jointly by the Devon housing options partnership and Devon and Cornwall police. This could be a useful document to consult, and provides a single point of contact within each of the ten Devon Local Authority housing departments. A copy of the Devon sanctuary scheme protocol can be downloaded from the Devon Strategic Housing Group website at and is located within the Devon and Cornwall Housing Options Partnership page.

13. Dealing with perpetrators

Housing providers should adopt a clear policy for dealing with perpetrators of domestic abuse. This should include housing applicants, existing tenants and non-tenant occupants.

In particular, tenancy agreements should clearly read that any form of domestic abuse will not be tolerated and that enforcement will be considered.

In reviewing existing tenancy agreements, housing providers will aim to include a clause that specifies Grounds 12 (breach of one or more terms of the tenancy) and 14 (nuisance) of Schedule 2 of the Housing Act 1988 (as amended 1996) and ground 17 (false information) where a tenant has not disclosed a history of domestic abuse, as grounds for possession in cases where domestic violence and abuse has been evidenced.

An example clause could be:

“You must not use or threaten to use violence or abuse, including psychological abuse, against any other person living with you, nor against their children. If you do, and that person has to leave the property because of violence, or threats of violence or abuse against them, we may take steps to evict you from your home and will have no responsibility to re-house you”.

Staff should never contact a perpetrator about the alleged abuse as this may put the victim and any children at greater risk. However, if the perpetrator does contact the provider, staff should:

  • Be aware of confidentiality and the victim’s safety, and not disclose any information that may jeopardise this
  • Not act as a go-between
  • Where appropriate and in conjunction with other specialist agencies aim to assist the perpetrator in changing their behaviour by enrolment in perpetrator programmes
  • Where appropriate advise the perpetrator that the consequences of their actions may mean they are not eligible for further housing via Devon home choice.

Should a perpetrator make a counter claim of domestic abuse a report should be logged and the case investigated. It is particularly important to make links with partner agencies when investigating the case and to base decisions on evidence.

14. Evaluation

Housing providers will carry out an evaluation of their service when a case is closed. Someone not involved in the case should conduct the evaluation over the phone. The evaluation should be used to improve the service.

15. Reviews and monitoring

The participating partners will review this document on an annual basis, or sooner if any changes to legislation affecting the document are implemented.

Each participating partner will take responsibility for this document and for arranging the annual review meeting, by rotation.

Domestic abuse leads should monitor their organisation’s compliance with practical suggestions offered in this code of practice.